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Kamla and Others vs State of Rajasthan

Rajasthan High Court · Decided on 8 March 2006 · Citation: (2007) 1 RLW 691

HON’BLE JUDGES
Harbans Lal, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 320, 482 · Penal Code, 1860 (IPC) — Section 406, 498A
RESULT
Allowed
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Judgment

6 paragraphs · 350 words

Harbans Lal, J.—This criminal misc. petition u/s 482 Cr.P.C. has been filed jointly on behalf of accused petitioners No. 1 to 4 and complainant petitioner No. 5 and seek quashing of FIR No. 101/2005 PS Manila Thana, Alwar as well as the proceedings pending pursuant thereto in the trial Court on the basis of compromise arrived between the parties.

2.

Complainant-petitioner No. 5 Sm''t. Sudha Rani lodged an FIR at Police Station Manila Thana, Alwar for offences Under Sections. 498A and 406 IPC. The police after investigation filed charge-sheet against petitioners No. 1 to 4 which is said to be pending.

3.

It appears that parties have thereafter duly settled their dispute and have arrived at compromise according to which they want to live together amicably and peacefully.

4.

Learned Counsel for the parties have submitted that in view of the compromise between the parties, the FIR may be quashed so that there may not be any more bitterness between them and they may live their life peacefully. They have therefore, submitted on the strength of B.S, Joshi and Ors. v. State of Haryana and Anr. 2003 RCC (SC) 400 that the High Court in exercise of its inherent powers can quash the criminal proceedings or the F.I.R. or the complaint and Section 320 Cr.P.C. does not limit or affect the powers u/s 482 Cr.P.C. Keeping in view the law laid down by their Lordships of the Hon''ble Apex Court in the aforementioned authority and considering the facts and circumstances of the present case, the F.I.R. No. 101/2005 registered at Mahila Thana, Alwar for offences Under Sections. 498A and 406 IPC as also the criminal proceedings arising therefrom deserve to be quashed for securing the ends of justice.

5.

Learned public Prosecutor has also not seriously disputed the fact of the arriving at compromise between the parties.

6.

In the result, this criminal misc. petition is allowed and the F.I.R. No. 101/2005 registered at Mahila Thana, Alwar for offences Under Sections 498A and 406 IPC as also the criminal proceedings arising out therefrom in the concerned Court are hereby quashed.